Hello all, I joined WIPRO BPO (Kolkata) on 2nd jan 2009, was terminated on 7th Nov 2009 inspire of sending my resignation by E-mail as well as as by courier as desired by the HR (TED) Ms Aprajita Byas / Ms Rituparna Ghosh, Manager HR (TED)

I was suffering from Jaundice so could not attain office. I was asked to resign, which I did. It was not possible at that time to physically go to their office and resign due to ill health so I sent my resignation by E-mail as well as by courier.. None of these were acknowledged and I was declared absconding and terminated from service.

My Appointment letter as well as Termination letter (issued by their Bangalore, legal cell) clearly states that my full and final settlement will be cleared in due course.

Its been more then two and half years but my dues are not being settled by the Manager HR (TED) Ms Rituparna Ghosh. I have met her at office after lot of difficulties but she says I have to pay one months notice period salary even after being terminated to get my PF and last salary. (I have all correspondence by E-mail saved.)

Such term of service is no where mentioned in my appointment letter or termination letter or as per an labour law of the land.

I was asked to meet her in person on 21 Jan 2011 for a discussion, which I did. But she is is adamant and said my PF withdrawal form will not be forwarded to PF commissioners office unless I pay one months notice period even after being terminated. She said this is according to M/s WIPRO's HR policies.

Such terms of service was not mentioned anywhere in my appointment letter / termination letter. The termination letter was issued by their Bangalore office, having phone number + 91 (80) 41352000 (Legal Cell) I have tried calling this number many times but could never reach the right person concerned.

Can any lawyer or individual help me in getting my legitimate dues? the F&F settlement is about Rs. 8000 INR (PF) and about 3,500 INR (last salary due). Its 3500 as I worked for about 7 days due to ill health in the last month.

I know other employees who are facing same condition even after working for 4+ yrs. This BPO does not settles F&F dues easily.

Is their any lawyer in Kolkata who can take up the case for a reasonable legal fees ? I am ready to part half of my F&F final settlement as legal fees. I know another person who worked for 4 yrs + and not getting release letter from WIPRO, kolkata even after resignation letter being accepted.

Dear Tanmoy Banerjee
About notice pay : As they have terminated you, they have to pay you the notice pay. If the termination is due to absconding then you have to pay the notice pay to the company.
About PF : As you have the Appointment letter and termination letter (both with date) that can be used as proof for Form 5 and Form 10. Please fill Form 10C and Form 19, attach your Pan Card Xerox copy, Bank Account Pass Book First Page, Both Appointment Letter and Termination Letter, get the forms duly attested by the Nationalised Bank Manager (in place of your office authorised Signatory). Submit the same directly to the EPFO concerned. The EPFO will further ask the details from your employer and settle the same without any delay.31st March 2012 From India, Kumbakonam

My Appointment letter clearly states that the employer will not pay notice period pay to an employee in case of being terminated if absconding. No where does my appointment letter states that an employee has to pay notice period pay if terminated. Further my termination letter also states that my F&F will be settled in due course. The termination letter was issued by their legal cell at Bangalore and not HR (TED) Kolkata. Why did they not ask for notice period pay from me in their termination letter if that's the law of the land.

Can you please say what will happen to the last salary due? will it be also be not paid to an employee if terminated due to long unapproved leave?

How can my case be treated as absconding? I was always available on phone. Conveyed my position to my TL as well as HR (TED) who asked me to resign as my health was not ok. I had sent my resignation as desired by them by E-mail as well as by courier. They claim they did not get the courier and they did not accept my resignation by E-mail as it was without my signature. Had they conveyed this to me after getting my E-mail that my signature is required in the E-mail I would have gladly scanned the hard copy sent by courier and E-mail it again.

So, now what will u call my case as? is it a case of an employee absconding? My elementary knowledge of english says otherwise.

I would like to know the Clause / para of Industrial dispute act which states such terms of service as stated by you.

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